Mitigation and the assessment of damages on early redelivery – “The New Flamenco” -
Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise known as the “Rotterdam Rules,” was adopted by the United Nations General Assembly on December 11, 2008. The stated...more

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

The Gaz Energy No.2
On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...more

Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be...more

On February 10, 2012, Judge Sean Lane of the United States Bankruptcy Court for the Southern District of New York denied the motion of 22 defendants in adversary proceedings filed by the Debtor, The Containership Company,...more

In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law.
This article will be...more

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts
The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more

Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more

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